The decision is a major victory for the attorneys of both vessels who argued that calling the parties may result in them incriminating themselves.
Justice Strachan agreed.
However, the captains could be called in to testify for the defense, he ruled.
Commissioner Strachan handed down the ruling five minutes after proceedings got underway.
Lead Counsel in the inquiry, Cheryl Grant-Bethel, was hoping to call the captains to the stand to shed more light on two major issues: The commission is trying to determine what led to the collision at sea on August 2, 2003 and what were the specific navigational qualifications of the persons manning the vessels.
Mrs. Grant-Bethel told the Bahama Journal on Wednesday that she will call the remainder of her witnesses when deliberations resume.
She said Minister of Transport and Aviation Glenys Hanna-Martin will also formulate questions to be asked of the witnesses
Four persons were killed after the hydraulic crane onboard the Sea Hauler collapsed following the collision, pinning them underneath.
Twenty-five other persons were also injured in the boating disaster. The Sea Hauler ferry was carrying 194 passengers and seven crew members at the time.
The accident sparked outrage in the community with some members of the public and some government officials pointing to the need for stricter maritime laws.
Mrs. Grant-Bethel had expected to call several parties in the proceedings, including the proprietor and director of Carib USA, Thomas Hanna, who is also the owner of the M/V United Star; Rodney Miller, one of the captains who was aboard the barge and Desnal Hanna, who is alleged to have been the helmsman on board the vessel.
She also intended to call Captain Allan Russell, owner and operator of the Sea Hauler; his first mate Michael Harris, and Alston Strachan, who is alleged to have been operating the vessel at the time of the collision, were also called to proceedings.
Port Controller Captain Anthony Allens has already taken the witness stand in the formal inquiry into the crash. His testimony was viewed as key to the investigation.
The inquiry, which was initially expected to last three months, encountered a number of snags after attorneys for the vessels pressed for it to be governed in part by the Merchant Shipping Formal Investigation Rules, and not strictly by the Commissions of Inquiry Act.
After weeks of legal wrangling, it was decided that both rules would apply, creating a need for parties to the proceedings to be served at least 30-day investigation notices.
By Rogan Smith, The Bahama Journal
